The lawyer of a Victorias resident, who had filed a malpractice and damage case against an ophthalmologist, denied that the case was dismissed on the merits but because of the death of the complainant who was not able to finish his testimony in Court.

The case had been filed by Romulo Sombito against Dr. Miguel Sarabia in 2004.

Sombito's lawyer Eutiquio Fudolin Jr. said in a press statement to the DAILY STAR yesterday that the heirs of his client had requested the trial court to substitute for their deceased father but their motion was denied by the lower Court and the Supreme Court.

Fudolin said that to claim that the case against Sarabia was dismissed on the merit is "a downright lie which is contemptuous."

He also said that Sarabia deliberately distorted the truth when he claims "that for three years while the case was under trial Sombito refused examination by his counsel, no expert witness was presented and was unable to produce any material evidence."

Fudolin said Court records show that after the deceased Sombito finished his direct testimony, Sarabia's counsel asked for the suspension of his cross-examination which was granted and when called again, postponement was again granted because of ailment of Sarabia' s counsel, until Sombito, who was ill, eventually died.

In his statement, Fudolin said "the fact remains that his post operation negligence and unconcern caused the massive infection of the operated eye of Sombito and when confronted by such situation, defendant refers complaint to St. Lukes Hospital in Manila, only proving is lack of skill and expertise to remedy the situation. Because of such referral, Sombito rather sought the help of a distinguished ophthalmologist, who despite his efforts to save the eye, was forced to remove the infected eye to prevent the infection of the other eye or to affect the brain."

Sarabia had earlier said that Sombito went to another doctor without his endorsement. He said the other doctor treated Sombito for more than seven days before removing his eye, without his (Sarabia's) knowledge or consent.

Sarabia said he operated Sombito on Oct. 11, 2001 at Tiong Bi Hospital and the operation was successful. He also made further tests on Sombito to ensure that the healing of the operated eye had no complication, he said.

He also said Sombito did not communicate with him since he was discharged from the hospital until Oct. 15, 2001 when he came to his clinic after Sombito's attendant, Lorena Cadunga, said he complained of blurred vision the day before and she thought she saw something white in his operated eye. Sarabia said Sombito was asked to come to his clinic as soon as possible, but came only on Oct. 15, 2001.

Sarabia said he advised Sombito that he be admitted to St. Luke's Hospital or Tiong Bi, after he was diagnosed as having the beginning of infection of the eye and corneal decompensation but he strongly refused to do so.

He also said that Sombito left his care on his own volition and transferred to another doctor without being formally released by him. The enucleation of Sombito's eye did not occur until seven days after his new doctor took over, he said.*CGS

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